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Guide · Wills & trusts · Updated June 2026
Do I Need a Will or a Trust in Michigan?
A plain-English guide to choosing between a will and a living trust in Michigan — and when you might want both.
It’s one of the most common questions Michigan families ask. Both a will and a living trust direct where your assets go — but they work very differently, and the right choice depends on your situation.
What a will does
A last will and testament names who inherits your property, appoints a personal representative to carry out your wishes, and lets parents name a guardian for minor children. In Michigan, a will still has to go through probate — the public, court-supervised process of settling an estate.
What a living trust does
A revocable living trust holds your assets while you’re alive and passes them to your loved ones when you’re gone — without probate. You stay in control as your own trustee, and you can change or revoke it at any time.
The big difference: probate
This is the heart of it. A will is simpler and cheaper to create, but your estate goes through probate. A funded trust costs more up front but keeps your affairs private and largely out of court, which often saves your family time and money later.
So which do you need?
- A will (plus powers of attorney) is often enough for a smaller, straightforward estate.
- A living trust is usually worth it if you own a home, have minor children, own property in more than one state, or simply want to spare your family probate.
- Many Michigan families use both — a trust for the bulk of assets, plus a short “pour-over” will as a backstop.
The honest answer is that it depends on your situation — which is exactly what a free consultation is for. A Michigan attorney can tell you what you do, and don’t, need.
Not sure which is right for you?
Get matched with a vetted Michigan attorney who will walk you through it — free, no obligation.